Giurisprudenza | INSTITUTIONS OF PUBLIC LAW

cod. 0160100075

INSTITUTIONS OF PUBLIC LAW

	0160100075
	DIPARTIMENTO DI SCIENZE GIURIDICHE (SCUOLA DI GIURISPRUDENZA)
	EQF7
	LAW
	2021/2022

PERCORSO UNIQUE CURRICULUM

	YEAR OF DIDACTIC SYSTEM 2012
	SPRING SEMESTER

TEACHING UNITS

	SSD	CFU	HOURS	ACTIVITY	TYPE OF ACTIVITY
	IUS/09	8	72	LESSONS	SUPPLEMENTARY COMPULSORY SUBJECTS

	Objectives
	THE COURSE IS AIMED TO PROVIDE THE STUDENT WITH THE ESSENTIAL ELEMENTS OF THE PUBLIC LAW UNDER THE INSTITUTIONAL, NORMATIVE PERSPECTIVE AND UNDER THE POINT OF VIEW OF THE CASE-LAW; IT TENDS TO DEVELOP A KNOWLEDGE CAPABLE TO AFFORD THE STUDY OF ANOTHER COURSE. 1)KNOWLEDGE AND UNDERSTANDING: THE STUDY OF PUBLIC LAW IS CENTERED ON THE ESSENTIAL KNOWLEDGE OF PUBLIC LAW, OF THE SYSTEM OF THE SOURCES OF LAW, OF THE CONSTITUTIONAL BRANCHES, TAKING INTO ACCOUNT THE SYSTEMATIC ARCHITECTURE OF THE CONSTITUTION AND OF THE OTHER MAIN CONSTITUTIONAL LAWS. IT WILL BE ALSO EXAMINED THE MOST RELEVANT REFORMS, THAT HAVE CHARACTERIZED THE EVOLUTION OF THE ITALIAN INSTITUTIONS, IN PARTICULAR THOSE CONSTITUTIONAL AMENDMENTS APPROVED IN 1999 AND IN 2001, THAT HAVE PROFOUNDLY MODIFIED THE TITLE V OF THE SECOND PART OF THE CONSTITUTION. IT WILL BE ALSO EXAMINED THE SUBSEQUENT REFORMS, IN PARTICULAR THOSE PASSED IN THE XVII LEGISLATURE, TAKING INTO ACCOUNT THE CASE-LAW OF THE CONSTITUTIONAL COURT. A SPECIFIC ATTENTION WILL BE DEDICATED TO THE RELATIONSHIP BETWEEN THE ALLOCATION OF ADMINISTRATIVE POWERS AND THE PRINCIPLE OF SUBSIDIARTY. THEREFORE THERE WILL BE AN ANALYSIS OF THE RADIO/TELEVISION SYSTEM, TAKING INTO ACCOUNT THE DEVELOPMENT OF NEW TECNOLOGIES AND THE RELATIONSHIP BETWEEN INTERNET AND THE EXIGENCIES OF GUARANTEE OF FUNDAMENTAL RIGHTS. 2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS AND THEREFORE TO BECOME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND INTERPRET THE CONSTITUTION AND THE LAWS IN THE FRAMEWORK OF THE POLITICAL-LEGISLATIVE ACTIVITY.

THE COURSE IS AIMED TO PROVIDE THE STUDENT WITH THE ESSENTIAL ELEMENTS OF THE PUBLIC LAW UNDER THE INSTITUTIONAL, NORMATIVE PERSPECTIVE AND UNDER THE POINT OF VIEW OF THE CASE-LAW; IT TENDS TO DEVELOP A KNOWLEDGE CAPABLE TO AFFORD THE STUDY OF ANOTHER COURSE.
1)KNOWLEDGE AND UNDERSTANDING: THE STUDY OF PUBLIC LAW IS CENTERED ON THE ESSENTIAL KNOWLEDGE OF PUBLIC LAW, OF THE SYSTEM OF THE SOURCES OF LAW, OF THE CONSTITUTIONAL BRANCHES, TAKING INTO ACCOUNT THE SYSTEMATIC ARCHITECTURE OF THE CONSTITUTION AND OF THE OTHER MAIN CONSTITUTIONAL LAWS. IT WILL BE ALSO EXAMINED THE MOST RELEVANT REFORMS, THAT HAVE CHARACTERIZED THE EVOLUTION OF THE ITALIAN INSTITUTIONS, IN PARTICULAR THOSE CONSTITUTIONAL AMENDMENTS APPROVED IN 1999 AND IN 2001, THAT HAVE PROFOUNDLY MODIFIED THE TITLE V OF THE SECOND PART OF THE CONSTITUTION. IT WILL BE ALSO EXAMINED THE SUBSEQUENT REFORMS, IN PARTICULAR THOSE PASSED IN THE XVII LEGISLATURE, TAKING INTO ACCOUNT THE CASE-LAW OF THE CONSTITUTIONAL COURT. A SPECIFIC ATTENTION WILL BE DEDICATED TO THE RELATIONSHIP BETWEEN THE ALLOCATION OF ADMINISTRATIVE POWERS AND THE PRINCIPLE OF SUBSIDIARTY. THEREFORE THERE WILL BE AN ANALYSIS OF THE RADIO/TELEVISION SYSTEM, TAKING INTO ACCOUNT THE DEVELOPMENT OF NEW TECNOLOGIES AND THE RELATIONSHIP BETWEEN INTERNET AND THE EXIGENCIES OF GUARANTEE OF FUNDAMENTAL RIGHTS.
2)APPLYING KNOWLEDGE AND UNDERSTANDING: THE KNOWLEDGE ACQUIRED BY THE STUDENT MUST DEVELOP ITS CAPACITIES TO MAKE CRITICALLY ARGUMENTS AND THEREFORE TO BECOME A LEGAL SCHOLAR E/O EXPERT CAPABLE TO READ AND INTERPRET THE CONSTITUTION AND THE LAWS IN THE FRAMEWORK OF THE POLITICAL-LEGISLATIVE ACTIVITY.

	Prerequisites
	KNOWLEDGE OF ITALIAN LANGUAGE (WRITTEN AND ORAL); ESSENTIAL KNOWLEDGE OF HISTORY AND IN PARTICULAR OF HISTORY OF ITALY REPUBLICAN.

	Contents
	GENERAL PART: 1. THE CONTENTS AND THE PURPOSES OF PUBLIC LAW, 2. THE CONCEPT OF LEGAL ORDER AND THE PLURALITY OF LEGAL ORDERS, 3. THE SOURCES OF LAW AND THEIR PRINCIPLES, 4. THE INTERPRETATION OF THE LAW AS A METHOD AND AS A SOURCE OF LAW, 5. THE CONSTITUTION OF A STATE: THE CONCEPT, THE TYPOLOGY, THE REVIEWS. CONSTITUTIONAL PRINCIPLES AND VALUES, 6. THE ITALIAN STATE AND ITS CONSTITUTIONAL ORGANIZATION, 7. THE FUNDAMENTAL RIGHTS. THE TERRITORIAL AUTONOMIES. SPECIFIC FOCUS: DEMOCRACY, PLURALISM AND TV BROADCASTING. INTERNET AND GUARANTEE OF FUNDAMENTAL RIGHTS. THE RIGHT TO INTERNET ACCESS IN THE PROJECTS OF CONSTITUTIONAL LAWS. INDEPENDENT ADMINISTRATIVE AUTHORITIES AND THE CONSTITUTION.

Contents

GENERAL PART: 1. THE CONTENTS AND THE PURPOSES OF PUBLIC LAW, 2. THE CONCEPT OF LEGAL ORDER AND THE PLURALITY OF LEGAL ORDERS, 3. THE SOURCES OF LAW AND THEIR PRINCIPLES, 4. THE INTERPRETATION OF THE LAW AS A METHOD AND AS A SOURCE OF LAW, 5. THE CONSTITUTION OF A STATE: THE CONCEPT, THE TYPOLOGY, THE REVIEWS. CONSTITUTIONAL PRINCIPLES AND VALUES, 6. THE ITALIAN STATE AND ITS CONSTITUTIONAL ORGANIZATION, 7. THE FUNDAMENTAL RIGHTS. THE TERRITORIAL AUTONOMIES. SPECIFIC FOCUS: DEMOCRACY, PLURALISM AND TV BROADCASTING. INTERNET AND GUARANTEE OF FUNDAMENTAL RIGHTS. THE RIGHT TO INTERNET ACCESS IN THE PROJECTS OF CONSTITUTIONAL LAWS. INDEPENDENT ADMINISTRATIVE AUTHORITIES AND THE CONSTITUTION.

	Teaching Methods
	THE COURSE PROVIDES 72 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER SUPPORT. THERE WILL ALSO BE TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ON SPECIFIC TOPICS, ALSO WITH THE PARTICIPATION OF SOME EXTERNAL SPEAKERS. ATTENDING STUDENTS WILL BE PROVIDED OF DIDACTIC MATERIAL. ANYWAY, THE STUDENTS UNABLE TO ATTEND, MAY FOLLOW THE TUTORIALS. THE TEACHING LANGUAGE IS ITALIAN.

Teaching Methods

THE COURSE PROVIDES 72 TEACHING HOURS OF LESSONS, ALSO INTERACTIVE, WITH COMPUTER SUPPORT. THERE WILL ALSO BE TUTORIALS AND EXERCISES. WITHIN THE COURSE, THERE WILL BE ORGANIZED SEMINARS AND OTHER IN-DEPTH DISCUSSIONS ON SPECIFIC TOPICS, ALSO WITH THE PARTICIPATION OF SOME EXTERNAL SPEAKERS.
ATTENDING STUDENTS WILL BE PROVIDED OF DIDACTIC MATERIAL.
ANYWAY, THE STUDENTS UNABLE TO ATTEND, MAY FOLLOW THE TUTORIALS.
THE TEACHING LANGUAGE IS ITALIAN.

	Verification of learning
	THE FINAL ORAL EXAM WILL BE EVALUATED HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE AUDIT WILL COVER: 1)MAKING JUDGMENTS: FIRST OF ALL, THE STUDY OF PUBLIC LAW IS AIMED TO PROVIDE THE STUDENTS WITH THEORETICAL AND METHODOLOGICAL SKILLS IN ORDER TO BE ABLE TO CRITICALLY ANALYZE THE GROUND AND THE ARCHITECTURE OF THE STATE AND OF THE RELATIONSHIP BETWEEN THE CONSTITUTIONAL BRANCHES; OF THE RELATIONSHIP BETWEEN THE NATIONAL GOVERNMENT AND THE LOCAL AUTHORITIES, BETWEEN THE GOVERNMENT AND THE CITIZENS. SECONDLY, THE COURSE IS AIMED TO PROVIDE THE STUDENT WHIT SPECIFIC METHODOLOGY IN ORDER TO IDENTIFY THE SEVERAL DISPOSITIONS FOR THE IMPLEMENTATION OF THE CONSTITUTION AND OF THE EUROPEAN LAW. THE COURSE IS ALSO AIMED TO PROVIDE KNOWLEDGE FOR THE UNDERSTANDING OF THE LOCAL GOVERNMENT. 2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS. 3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO OTHER LEGAL COURSES. STANDARDS OF JUDGEMENT ARE: -ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE ITALIAN CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL; -ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT; -ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY. THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.

Verification of learning

THE FINAL ORAL EXAM WILL BE EVALUATED HAVING REGARD TO THE KNOWLEDGE OF THE ENTIRE DISCIPLINE AND OF THE CONSTITUTION. IT WILL ALSO BE EVALUATED THE COMMUNICATIVE CAPABILITY (CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS). THE AUDIT WILL COVER:
1)MAKING JUDGMENTS: FIRST OF ALL, THE STUDY OF PUBLIC LAW IS AIMED TO PROVIDE THE STUDENTS WITH THEORETICAL AND METHODOLOGICAL SKILLS IN ORDER TO BE ABLE TO CRITICALLY ANALYZE THE GROUND AND THE ARCHITECTURE OF THE STATE AND OF THE RELATIONSHIP BETWEEN THE CONSTITUTIONAL BRANCHES; OF THE RELATIONSHIP BETWEEN THE NATIONAL GOVERNMENT AND THE LOCAL AUTHORITIES, BETWEEN THE GOVERNMENT AND THE CITIZENS. SECONDLY, THE COURSE IS AIMED TO PROVIDE THE STUDENT WHIT SPECIFIC METHODOLOGY IN ORDER TO IDENTIFY THE SEVERAL DISPOSITIONS FOR THE IMPLEMENTATION OF THE CONSTITUTION AND OF THE EUROPEAN LAW. THE COURSE IS ALSO AIMED TO PROVIDE KNOWLEDGE FOR THE UNDERSTANDING OF THE LOCAL GOVERNMENT.
2)COMMUNICATION SKILLS: CAPABILITY TO PRESENT THE SUBJECT WITH CLEARNESS, PROPER LEGAL TERMINOLOGY AND ACCURACY OF THE CITATIONS OF LAWS AND PRECEDENTS.
3)LEARNING SKILLS: ACQUISITION OF THE CAPABILITY TO IDENTIFY, EXAMINE AND INTERPRET THE FUNDAMENTAL TOPICS, THE LAWS AND THE PRECEDENTS OF THE CONSTITUTIONAL COURT, AND TO APPLY THIS KNOWLEDGE ALSO TO OTHER LEGAL COURSES.
STANDARDS OF JUDGEMENT ARE:
-ABILITY TO GATHER AND CRITICALLY INTERPRET COMPLEX INFORMATION IN THE SPECIFIC FIELD OF THE ITALIAN CONSTITUTIONAL REALITY, WITH THEIR INFLUENCE EUROPEAN AND INTERNATIONAL;
-ABILITY TO COMMUNICATE TO A NON-SPECIALIST PUBLIC INFORMATION, IDEAS, PROBLEMS, INTERPRETATIONS AND SOLUTIONS IN THE SPECIFIC SUBJECT AREA WITH PROPERTIES OF LANGUAGE AND GOOD ARTICULATION OF THOUGHT;
-ACQUISITION OF REFERENCES AND TOOLS; NECESSARY LEARNING SKILLS TO FURTHER ENRICH THE PROTECTION OF THE RIGHTS AND CONSTITUTIONAL RULES AND TO APPLY THESE SKILLS TO OTHER TEACHINGS OF THE COURSE OF STUDY.
THE STUDENTS MAY PRESENT SHORT PAPERS ON SPECIFIC IN-DEPTH TOPICS PREVIOUSLY IDENTIFIED WITH THE PROFESSOR. THE RESULTS OF THESE PAPERS WILL BE TAKEN INTO CONSIDERATION FOR THE FINAL MARK.

	Texts
	FOR THE GENERAL PART, ONE OF THE FOLLOWING BOOKS: A. BARBERA, C. FUSARO, CORSO DI DIRITTO PUBBLICO, BOLOGNA, 2020. P. BARILE, E. CHELI, S. GRASSI, ISTITUZIONI DI DIRITTO PUBBLICO, PADOVA, 2018. R. BIN, G. PITRUZZELLA, DIRITTO PUBBLICO, TORINO, 2021. P. CARETTI, U. DE SIERVO, DIRITTO COSTITUZIONALE E PUBBLICO, TORINO, 2020. E. DE MARCO, P. BILANCIA (A CURA DI), L’ORDINAMENTO DELLA REPUBBLICA. ISTITUZIONI E SOCIETÀ, PADOVA, 2018. F. MODUGNO (A CURA DI), DIRITTO PUBBLICO, TORINO, 2019. C. ROSSANO, MANUALE DI DIRITTO PUBBLICO, NAPOLI, 2020. L. VENTURA, T. MARTINES, DIRITTO PUBBLICO, MILANO, 2019. FOR THE SPECIFIC FOCUS A. LAMBERTI, LIBERTA’ DI INFORMAZIONE E DEMOCRAZIA. PROFILI DI TUTELA MULTILIVELLO, SALERNO, 2016 ATTENDING STUDENTS WILL BE PROVIDED OF DIDACTICAL MATERIAL. IT IS RECOMMENDED TO READ: M. BASSANI, G. BOTTINO, M. DELLA TORRE, V. ITALIA, G. RUGGERI, A. ZUCCHETTI, LEGGI FONDAMENTALI DEL DIRITTO PUBBLICO E COSTITUZIONALE, MILANO (SEE THE MOST RECENT EDITION)

Texts

FOR THE GENERAL PART, ONE OF THE FOLLOWING BOOKS:
A. BARBERA, C. FUSARO, CORSO DI DIRITTO PUBBLICO, BOLOGNA, 2020.
P. BARILE, E. CHELI, S. GRASSI, ISTITUZIONI DI DIRITTO PUBBLICO, PADOVA, 2018.
R. BIN, G. PITRUZZELLA, DIRITTO PUBBLICO, TORINO, 2021.
P. CARETTI, U. DE SIERVO, DIRITTO COSTITUZIONALE E PUBBLICO, TORINO, 2020.
E. DE MARCO, P. BILANCIA (A CURA DI), L’ORDINAMENTO DELLA REPUBBLICA. ISTITUZIONI E SOCIETÀ, PADOVA, 2018.
F. MODUGNO (A CURA DI), DIRITTO PUBBLICO, TORINO, 2019.
C. ROSSANO, MANUALE DI DIRITTO PUBBLICO, NAPOLI, 2020.
L. VENTURA, T. MARTINES, DIRITTO PUBBLICO, MILANO, 2019.

FOR THE SPECIFIC FOCUS
A. LAMBERTI, LIBERTA’ DI INFORMAZIONE E DEMOCRAZIA. PROFILI DI TUTELA MULTILIVELLO, SALERNO, 2016

ATTENDING STUDENTS WILL BE PROVIDED OF DIDACTICAL MATERIAL.
IT IS RECOMMENDED TO READ:
M. BASSANI, G. BOTTINO, M. DELLA TORRE, V. ITALIA, G. RUGGERI, A. ZUCCHETTI, LEGGI FONDAMENTALI DEL DIRITTO PUBBLICO E COSTITUZIONALE, MILANO (SEE THE MOST RECENT EDITION)

	More Information
	THE STUDENTS ARE REQUESTED TO KNOW THE ITALIAN CONSTITUTION AND THE OTHER LEGISLATIVE TEXTS ACCORDING TO THE INSTRUCTION PROVIDED BY THE PROFESSOR DURING CLASS. CONTACTS: PROF. ARMANDO LAMBERTI ARLAMBERTI@UNISA.IT, ARMANDO.LAMBERTI@LIBERO.IT 089.962370 - 3387699243

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